IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

MANTOR AUTO & TRUCK ‘ REPAIR, LLC, , Plaintiff, : Case No. 3:25-CV-45 V. JUDGE WALTER H. RICE KNIGHT SPECIALTY INSURANCE COMPANY, : Defendant.

DECISION AND ENTRY SUSTAINING DEFENDANT KNIGHT SPECIALTY INSURANCE COMPANY’S MOTION TO SET ASIDE DEFAULT AND MOTION FOR LEAVE TO FILE ANSWER OUT OF TIME; OVERRULING PLAINTIFF MANTOR AUTO & TRUCK REPAIR, LLC’S MOTION FOR DEFAULT JUDGMENT

This action comes before the Court on Plaintiff Mantor Auto & Truck Repair, LLC’s (“Plaintiff”) Motion for Default Judgment against Defendant Knight Specialty Insurance Company (“Defendant”). Doc. #7. Defendant filed a response in opposition 26 days after the motion was filed, alleging deficiencies in service. Doc. #10. Within that response, Defendant also moved to set aside the Clerk's entry of default and moved the Court to permit them to file an answer out of time. /d. Plaintiff did not file a reply in favor of its own Motion for Default Judgment, nor did it file a

response in opposition to Defendant's Motion.

Federal Rule of Civil Procedure 55(c) provides that a court “may set aside an

entry of default for good cause.” The Sixth Circuit employs wide leniency when interpreting this good cause standard: “[I]n general, our cases discussing motions

to set aside default under Rule 55(c) are extremely forgiving to the defaulted party and favor a policy of resolving cases on the merits instead of on the basis of procedural missteps.” U.S. v. $22,050.00 U.S. Currency,

(6th Cir. 2010). The Court, therefore, SUSTAINS Defendant's request to set aside the Clerk’s

entry of default, and SUSTAINS Defendant’s Motion to File an Answer out of Time. Doc. #10. Defendant has 30 days from the entry of this Order to file an Answer. Plaintiff's Motion for Default Judgment, Doc. #7, is OVERRULED.

Date: June 11, 2025 Lem wr

WALTER H. RICE UNITED STATES DISTRICT JUDGE